Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Approval (Notice No. 2 of 1992)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to address the need for a comprehensive framework governing occupational health and safety within Commonwealth employment, ensuring that employees in federal roles are protected under a consistent set of safety standards. The Act aims to provide a regulatory environment that aligns with national standards and practices, thereby enhancing the safety and wellbeing of workers in Commonwealth employment. The legislation was approved by the Parliament of Australia and is intended to fill the gap in occupational health and safety regulations specific to Commonwealth employees, ensuring that these standards are up to date and reflective of current best practices. The policy objective of the Act is to establish a uniform approach to occupational health and safety across Commonwealth workplaces, thereby reducing the risk of workplace injuries and illnesses.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to all Commonwealth employees and their employers, encompassing federal government departments and agencies. The Act establishes a framework for ensuring safe and healthy working conditions across various industries and conduct within the Commonwealth's purview. It extends its application through the approval of specific codes of practice that provide detailed guidelines on areas such as indoor air quality, interior lighting, transport of dangerous goods, visual display units, non-ionising radiation, vibration, laboratory safety, and welding. These approved codes, incorporating relevant Australian Standards, are designed to apply generally across the Commonwealth's operations, ensuring consistent application of safety measures. The Act's jurisdictional reach is national, extending its protective provisions to all areas under the Commonwealth's legislative control.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991, through Notice No. 2 of 1992, approved various codes of practice under Section 70 of the Act (1). These codes of practice, developed by the Commission, cover a range of occupational health and safety areas including indoor air quality, interior lighting, transport of dangerous goods, visual display units, non-ionising radiation, vibration, safety in laboratories, and welding (1). These codes incorporate relevant Australian Standards (AS) and other guidelines to ensure a comprehensive approach to workplace safety. The Act imposes specific obligations on employers and employees to adhere to these approved codes of practice. Employers are required to ensure that their workplaces comply with the relevant codes, providing a safe and healthy environment for employees. This includes implementing measures to control indoor air quality, ensuring adequate lighting, and managing the transport and handling of dangerous goods. Employees, on the other hand, are required to follow safety protocols and guidelines set out in these codes to protect their health and safety while at work. Breach of the provisions outlined in these approved codes of practice can lead to various consequences. Under the Act, non-compliance with the approved codes may result in civil or criminal penalties. The specific penalties depend on the severity of the breach and are determined by the courts. While the Act does not explicitly state maximum penalties, it refers to potential fines and imprisonment for serious violations. The exact penalties are subject to the discretion of the court, taking into account the nature and extent of the breach.